Legal Question in Landlord & Tenant Law in Massachusetts
Security Deposits
I recently left an apartment because our landlord changed his mind about our dogs using the yard. When we rented the apartment, the two dogs were listed on the lease and he agreed, we could let them in the yard. By springtime, he decided he did not want the dogs using the yard. He let us break the lease and we moved out 5/15/09. We left the apartment spotless, but he sent our security deposit back minus $300 for reseeding of the lawn, which he claims was necessary because of the dogs urinating on the grass. First of all, we did a spring clean up of the yard ourselves (we have pictures of all the leaves and debres we removed). There was no lawn care last fall at all. Is he allowed to charge us for reseeding the lawn after he agreed to letting the dogs live at this apartment. The yard is VERY small -- 15 X 20 ft in a very congested neighborhood on a dead end street.
1 Answer from Attorneys
Re: Security Deposits
Assuming that your landlord handled your security deposit properly during the time s/he held it, and assuming that s/he returned it to you properly according to the law, then s/he probably is justified in any legitimate lawn repairs needed as a result of your dogs.
Please don't hesitate to contact my office if you would like to discuss this matter further.
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